Legal Question in Immigration Law in Pennsylvania
I married in dec 2007, my marriage was and still not consummated, I had interview for citizenship on nov 2008, the officer asked me if I am married, I said: NOT YET, she wrote in my citizenshp certificate (SINGLE), I applied using I129F form for fiance, the US councel in the embassy in my country did not givE her the visa to come to the United States explaining that I should apply using form I130, shall first I change the marital status in my citizenship certificate from single to married and then apply for I 130? Or apply directl for I 130? Or is there any other solution? thank you in advance
2 Answers from Attorneys
This sounds like the kind of problem that might be cleared up with counsel. I would not try to do this case on your own. There are a couple of issues: 1. If you are married, why has the marriage not been consummated; and 2. If you filed the I-129f after marriage, that was the wrong form to use and you need support. It is highly unusual for a marriage to not be consummated and there can be occasions when a good explanation exists, but given the hostility of U.S. officers toward aliens and focus on marriage fraud, you need someone to advocate for you and take care of the right procedures to correct things and unite you with your spouse.
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If you are already in the United States, there was and is no need to file the I-129F form. This form is intended for fiances of US citizens outside of this country, who plan on immigrating to the U.S. You mention filing for citizenship, but I think it sounds like you mean that you'd like to file an I-130 Application to become a permanent resident. Nonetheless, it sounds like you would benefit from retaining an immigration attorney who can help navigate you through this process. Please contact us at 215_242_3830 to schedule a free consultation.
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